from III - Judicial Proceedings
Published online by Cambridge University Press: 21 August 2021
Article 107 requires that the Detaining Power submit to theProtecting Power two types of communication concerning any judgmentsand sentences pronounced on an accused prisoner of war. The firsttype is a summary communication to be despatched immediatelyfollowing any judgment or sentence passed, even if it is not final.This communication must include a summary of the judgment andsentence and should indicate whether the prisoner has the right ofappeal, as provided for in Article 106. The same communication mustalso be sent to the prisoners’ representative and the accusedprisoner of war, if the latter was not present at the moment ofsentencing. The second type is a more detailed communication thatmust be made in the event of a final conviction or if the deathpenalty has been pronounced, irrespective of the instance thatpronounced it. The detailed communication must include the precisewording of the finding and sentence, a summarized report of anypreliminary investigation and of the trial, and notification of theestablishment where the sentence will be served.
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